Tender Rocket – Terms and Conditions of Use
Tender Rocket is a product of Quantafuse Ltd a company registered in England and Wales.
Company Number: 11414016
Registered Address: 13 Portland Road, Birmingham, United Kingdom, B16 9HN
Definitions and Interpretation
The following definitions and interpretation apply:
- Charges: The fees payable monthly/ annually by the User which may vary depending on the Users choice of subscription plan. The Charges are detailed on the Tender Rocket website.
- Commencement Date: the date at which the Company agrees to the Users request for the Company to supply ‘paid for’ services by accepting an initial payment
- Company: means Quantafuse Ltd, incorporating the Tender Rocket brand
- GDPR: means EU General Data Protection Regulation 2016/679.
- The terms, "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing" and "Supervisory Authority" shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
- Delete or Deleted: means to remove Data or Personal Data such that it cannot be recovered.
- Payment: All payments for service must be made electronically and in advance of the Service being provided. Time for payment shall be of the essence for this contract
- Publishing Authority: the entity or body responsible for promoting and publishing the tendered activity
- Services: means the provision of tender identification and tracking services pursuant to the Tender Rocket model of support
- Trade Marks: means all Quantafuse trade marks including the Tender Rocket trade mark and all other associated trade marks as registered in the United Kingdom.
- User: the organisation and any associated organisations registering to use the Tender Rocket tender Portal
- Website, Platform, Portal: the Tender Rocket website with the home page url: www.tenderrocket.com. Also references the Tender Rocket web application, mobile application, and any Tender Rocket processes.
The Company Service to Users (Contractual Terms)
The supply of Services by the Company to the User is subject to these Conditions:
- Where the User requests the Company to supply ‘paid for’ services and the Company accepts that request these Contractual Terms shall come into existence (the Commencement Date). When converting to a ‘paid for’ service from a free of use service, the date upon which the first payment is made shall be regarded as the Commencement Date.
- The Company shall supply the Services to you using reasonable skill and care. The Company will rely on the User to select the appropriate filters when supplying details of tender opportunities
- The Company will rely on the Publishing Authority to ensure the accuracy and completeness of any published tender and in using this service the User accepts full responsibility for checking the accuracy and completeness of the information provided.
- The Company will endeavour to continuously improve the service provided to Users and Users therefore accept that the form of presentation and features of the Tender Rocket system may change from time to time commensurate with this improvement agenda.
- The Company is providing Tender Rocket as a tool to enable User’s to develop and improve their organisations tender identification, tracking and submission processes. The Company is not providing an advisory service and all decisions relating to the submission, or otherwise of a response to a tender request rest solely with the User. The Company shall under no circumstances whatever be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the delivery of these services.
- The User shall supply the Company with such information as may reasonably be required in order to supply the Services, ensure that such information is up to date and accurate.
- The Charges payable are detailed on our Website and are payable monthly/ annually in advance. All payments are subject to VAT. The minimum payment term is 3 months after which the User may cancel a monthly payment plan by giving 30 day’s notice. An annual payment plan will roll forward for a further 12 months unless cancelled by the User 30 days before the 12-month term comes to an end. Time for payment shall be of the essence. The Company may suspend the Services provided under this contract if no payment is made on the due date for payment.
- The Company may at any time assign or transfer any or all of its obligations under this contract to any third party or agent.
- The User shall not assign or transfer any of its rights under this contract without the Company’s permission.
- Nothing in these Conditions shall limit or exclude the liability of the Company for death or personal injury caused by its negligence or for any other liability to the extent that it may not be excluded by law
- Enforcement - The provisions of this document, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law.
The Company does not guarantee any improvements in business performance as a result of using The Platform.
The Company shall not be liable for any business losses incurred as a result of inability of the User to access The Platform. This includes, but is not limited to, periods when the Platform will be offline due to scheduled maintenance.
The Company shall not be liable if information on The Platform should be found to be incorrect or misleading, even if that information results in losses being incurred by The User.
You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (Indemnitees) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees) incurred by us and (if applicable) any Indemnitees resulting from or arising out of any breach by you of this Agreement, your improper use of our Platform, and/or your violation of any law or the rights of a third party.
All videos, graphics, text and images used on the Tender Rocket website are subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified in any way or used in any form of literature or on other websites without the written permission of the Company.
The Company only processes personal information fairly and transparently as required by data protection law including the GDPR. User’s may browse parts of this Website without providing any information and in that case, the Company will not possess and process any information relating to you.
Use of Personal Data
The Company may store the personal data that you upload to the platform, and use it for the provision of functions on the platform.
Your personal information will not be shared publicly, however, some personal information, such as your name, email address, and Platform usage information will be made available to other users of Tender Rocket who are added to your company.
Should you invite a user to use the Platform via the invite or registration process, then you must secure permission from that person that Tender Rocket may store their information. This includes, but is not limited to, their name, and email address.
Some of the services provided by The Company, such as our hosting facilities and our email servers, are supplied to us by third-party providers. For example, our business emails are provided by Google Inc, and our application hosting server is supplied by VI.net. And, some of these providers may be outside of the EU. In contacting us, or using The Platform, you give us permission to export your personal data to these third-party providers. These third-party providers may include Google Inc, Scorchsoft Ltd, CompuWeb Communications Services Limited trading as CWCS Managed Hosting, Amazon Inc, Mailgun Technologies Inc, Cloudflare Inc, Stripe Inc, HotJar Limited, Microsoft Corporation, TrackJS LLC, Atlassian Pty Ltd, Mailchimp (The Rocket Science Group, LLC), Xero Limited, PayPal (Europe) S.à r.l. et Cie, S.C.A.
The Company respects your right to be forgotten, so if you would like us to delete your personal information then simply email your request to email@example.com along with proof of ownership of the personal information that you would like to delete. You may also use this email address to exercise your right to be informed, right of access, right to erasure, right to restrict processing, right to data portability, right to object, rights related to automated decision-making including profiling.
The Company does not grant the User any Intellectual Property rights as part of this agreement. Intellectual property owned by The Company shall remain vested with The Company. This includes, but is not limited to, the Tender Rocket Platform, Website, and any marketing materials.
The User shall not upload content to The Platform that infringes on another entity’s intellectual property rights. Any information uploaded to the Platform by the User shall be used for the provision of services by The Company to The User.
Warranties & Liability
The information provided through the Tender Rocket website is provided "as is" and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement of third party rights.
While the information provided is believed to be accurate, it may include errors or inaccuracies. In no event shall the Company be liable to any User for any special, indirect or consequential damages relating to this material. The Company relies on the Publishing Authority for the accuracy of the content.
The User warrants that they will not attempt to use the Tender Rocket service to resell the information provided.
Should an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors – the Company shall not be liable to you as a result of any delay or failure to perform our obligations as a result of a Force Majeure Event.
This contract constitutes the whole agreement and Users acknowledge that they cannot rely on any undertaking or assurance which is not expressly set out in this contract.
- The contract will be constructed as a rolling contract with the User being entitled to terminate the Contract by giving 30-days notice. Such notice of termination cannot be given until any minimum period of subscription has passed.
- Should the User indicate that they no longer wish to receive the Service, refunds for subscriptions paid will only be given at the sole discretion of the Company.
- The Company may suspend the Service and ultimately terminate the contract where the User fails to make payment on or before the due date.
The Company shall regard all dealings with Users as confidential and will not disclose any information unless required so to do by law or regulation.
The Company and User agree that any claim or dispute arising out of this agreement shall be governed by the law of England and Wales.